Docket UW10302
Order UW93-17IN THE MATTER of an application of the St. Eleanors Water and Pollution Control Corporation for amendments to Commission Order UW93-9.
BEFORE THE COMMISSION
on Friday, the 17th day of December, 1993.
Linda Webber, Chair
John L. Blakney, Vice-Chair
Order
WHEREAS the Commission, by Order UW93-9 herein dated the 4th day of June, 1993, ordered the St. Eleanors Water and Pollution Control Corporation (the "Applicant" or "Utility") to carry out the following actions:
3. The Applicant shall prepare and submit to the Commission for its review and approval an implementation plan for metering all non-residential customers;
4. The implementation plan shall include a specific proposal for the installation of water meters on all non-residential customers over a two-year period; and
5. The implementation plan shall be filed with the Commission by November 30, 1993.
AND WHEREAS on November 15, 1993, the Commission received the following application:
November 10, 1993
The Island Regulatory and Appeals Commission
National Bank Tower
134 Kent St.
P.O. Box 577
Charlottetown, P.E.I.
C1A 7L1Attention: Shayne Hogan
Dear Shayne:
In regards to the directive the Commission has asked us to action regarding providing water flow meters for all our multiple family units. I am asking you to reconsider this demand and let us continue to use the present system for the following reasons;
1. This will inflict a considerable expense for an item not included in our present budget;
2. If we are compelled to install these meters it will result in a considerable loss of revenue as compared to the system we now use.
I understand that towns and communities are not all metering the water supply to all multiple family units.
We would appreciate your looking on this matter favourably.
Yours truly
(Sgd) A. Coates
(for)
Emmett J. Kelly
Chairman
Community of St. EleanorsAND UPON it appearing to the Commission that
1. a metering program will not impose a considerable or undue expense on the Applicant and its customers;
2. if necessary, any revenue loss resulting from the installation of meters can be readily rectified through a minor adjustment in the Applicant's metered rate schedule; and
3. the incremental benefits of a metering program will outweigh the incremental costs;
NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Water and Sewerage Act;
IT IS ORDERED THAT
1. The Utility's application for reconsideration of paragraphs 3, 4 and 5 of Order UW93-9 is dismissed; and
2. Paragraph 5 of Commission Order UW93-9 is revoked and the following substituted therefor:
5. The implementation plan shall be filed with the Commission by February 28, 1994.
DATED at Charlottetown, Prince Edward Island, this 17th day of December, 1993.
BY THE COMMISSION:
Linda Webber, Chair
John L. Blakney, Vice-Chair
NOTICE
Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:
12. The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it.
Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.
Sections 13.(1) and 13(2) of the Act provide as follows:
13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.
(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.
